Noise – Legislation

It is a fundamental task of the State to prevent and control noise pollution in order to protect human health and the well-being of populations, as enshrined in the Constitution of the Portuguese Republic and the Environmental Policy Framework Law.

Outdoor ambient noise is regulated by the General Noise Regulation (RGR) and the Regime for the Assessment and Management of Ambient Noise (RAGRA).

RGR – approved by Decree-Law No. 9/2007 of January 17, amended by Rectification Declaration No. 18/2007 of March 16, and altered by Decree-Law No. 278/2007 of August 1 – is based on three main pillars of action:

  • Municipal Planning;
  • Regulation of Noise Production;
  • Supervision and Administrative Offense Regime.

At the level of Municipal Planning, the RGR sets out how the acoustic component should be integrated into the preparation, review, and modification of municipal land-use planning plans and requires the implementation of municipal noise reduction plans for sensitive and mixed zones exposed to outdoor ambient noise exceeding the respective limit values. It also mandates the submission to the municipal assembly, every two years, of a report on the state of the municipal acoustic environment.

Municipal noise maps and already prepared municipal noise reduction plans can be consulted on the Portuguese Environment Agency website.

In terms of Regulation of Noise Production, the RGR defines and articulates mechanisms for preventing and controlling noise pollution, including:

  • Limit values for exposure to outdoor ambient noise;
  • Pre-approval procedures for urban operations.
  • Regime for the installation and operation of permanent noisy activities;
  • Regime for the operation of temporary noisy activities;
  • Regime applicable to transport infrastructures;

To ensure the application and verification of these mechanisms, the RGR establishes a supervision system and an administrative offense regime.

RAGRA – approved by Decree-Law No. 146/2006 of July 31, amended by Decree-Law No. 136-A/2019 of September 6, and amended and republished by Decree-Law No. 84-A/2022 of December 9 – is structured around three fundamental obligations:

  • Preparation of strategic noise maps and action plans;
  • Public information and participation;
  • Information to the European Commission.

RAGRA applies to ambient noise to which humans are exposed in areas that include residential, school, hospital, or similar uses, leisure spaces, quiet areas within an agglomeration, quiet areas in open fields, and other areas sensitive to noise, produced within agglomerations or by large transport infrastructures (GIT) such as road, rail, or air transport.

RAGRA requires the preparation of strategic noise maps and action plans by the managing entities or concessionaires of GIT and municipalities within agglomerations.

This regime ensures public information and participation by making acoustic information, as detailed in strategic noise maps, available and involving the public in the design and preparation of action plans.

The information to the European Commission about the strategic noise maps and action plans, entrusted to the Portuguese Environment Agency, aims to contribute to a database that supports future EU policy in this field and ensure broad public information.

Lists of agglomerations and GITs, as well as the approved strategic noise maps and action plans, can be consulted on the Portuguese Environment Agency website.

In the Lisbon and Tagus Valley Region, the municipalities of Amadora, Lisbon, Odivelas, and Oeiras constitute agglomerations.

In line with the legal regime related to ambient noise and contributing to the improvement of the acoustic environment quality and the well-being and health of populations, the following are also regulated:

Acoustic Comfort within the Building Regime

Decree-Law No. 96/2008 of June 9 republishes the Regulation on Acoustic Requirements for Buildings, approved by Decree-Law No. 129/2002 of May 11, and aims to regulate acoustic comfort within the building regime and, consequently, contribute to the improvement of acoustic environment quality and the well-being and health of populations. The regulations apply to residential and mixed buildings, commercial, industrial, or service buildings, school and research buildings, hospital buildings, sports venues, and passenger transport stations.

The republication of the regulation expanded its scope, now including minimum criteria for buildings in the hospitality industry and setting minimum requirements for auditoriums, performance halls, and cinemas. It also introduces a relaxation of requirements for sound insulation in buildings located in historic areas, enabling, within the rehabilitation process, construction solutions that preserve the historical and heritage identity of the building.

Sound Emissions from Equipment for Outdoor Use

Decree-Law No. 221/2006 of November 8 transposes into national law Directive No. 2005/88/EC of the European Parliament and Council of December 14, which amends Directive No. 2000/14/EC of May 8. It establishes the rules regarding sound emissions related to placing on the market and commissioning of outdoor equipment – conformity assessment procedures, equipment marking rules, technical documentation, and rules for data collection on sound emissions to the environment – aiming to contribute to the protection of health and well-being and the smooth functioning of the market for such equipment.

Licensing, Operation, and Supervision by Local Authorities of Sports and Public Entertainment Events in Public Outdoor Spaces

Decree-Law No. 204/2012 of August 29 republishes Decree-Law No. 310/2002 of December 18, which regulates the legal regime for the licensing, operation, and supervision by local authorities of sports and public entertainment events in streets, parks, and other public outdoor spaces. It sets out restrictions on hours, necessary authorizations and procedures, operational constraints, and alignment with the RGR.

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